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Paperwork Reduction Act Notice.— We Direct Deposit of Refund.— If you have government-related individuals who
ask for the information on this form to a refund on line 63 of your 1995 Form exclude days of presence in the United
carry out the Internal Revenue laws of the 1040NR, you may be able to have it States. For details, get Form 8840, Closer
United States. You are required to give directly deposited into your bank account Connection Exception Statement for
us the information. We need it to ensure instead of receiving a check. Use new Aliens, or Form 8843, Statement for
that you are complying with these laws Form 8888, Direct Deposit of Refund, to Exempt Individuals and Individuals With
and to allow us to figure and collect the do so. See the instructions for line 63 on a Medical Condition. Certain dual resident
right amount of tax. page 14 for details. taxpayers who claim tax treaty benefits
The time needed to complete and file Household Employment Taxes.— must file Form 8833, Treaty-Based
this form will vary depending on individual Employment taxes on wages paid to Return Position Disclosure Under Section
circumstances. The estimated average household employees are now reported 6114 or 7701(b), or a similar statement.
time is: Recordkeeping, 6 hr., 40 min.; on Form 1040NR, line 51, using new A dual resident taxpayer is one who is a
Learning about the law or the form, 1 Schedule H (Form 1040). If you paid resident of both the United States and
hr., 56 min.; Preparing the form, 4 hr., someone to work in or around your home, another country under each country's tax
19 min.; and Copying, assembling, and you may owe employment taxes. See the laws.
sending the form to the IRS, 1 hr., 47 instructions for line 51 on page 13. United States–India Income Tax
min. If you paid these taxes in 1994, you Treaty.— Residents of India who were
If you have comments concerning the should receive a separate package in students or business apprentices present
accuracy of these time estimates or January containing Schedule H, Form in the United States for educational or
suggestions for making this form simpler, W-2, and other items. training purposes may be able to take the
we would be happy to hear from you. You Self-Employed Health Insurance standard deduction and exemptions for
can write to the Tax Forms Committee, Deduction.— This deduction, which their spouse and dependents under this
Western Area Distribution Center, Rancho expired December 31, 1993, has been treaty. For details, get Pub. 519, U.S.
Cordova, CA 95743-0001. Or, you can retroactively extended and made Tax Guide for Aliens.
call the IRS with your suggestions at permanent. If you were entitled to claim
1-800-829-9043 and leave a recorded this deduction in 1994 but did not do so, Additional Information
message 24 hours a day, 7 days a week. file Form 1040X, Amended U.S.
DO NOT send your return to this address. If you need more information, our free
Individual Income Tax Return, to amend publications may help you. Pub. 519 will
Instead, see Where To File on page 2. your 1994 return. Do not use the be the most important, but the following
worksheet in this booklet to figure your publications may also help.
General Instructions deduction for 1994. Instead, use the
Pub. 525, Taxable and Nontaxable
worksheet in the 1994 Form 1040NR
instructions or get Pub. 535, Business Income
Changes To Note Expenses. Pub. 529, Miscellaneous Deductions
New Form 1040NR-EZ.— You may be Also, the maximum amount of the Pub. 552, Recordkeeping for Individuals
able to use Form 1040NR-EZ, U.S. deduction has increased for 1995. See Pub. 597, Information on the United
Income Tax Return for Certain the instructions for line 26 on page 10. States–Canada Income Tax Treaty
Nonresident Aliens With No Dependents, Payment of Deferred Additional 1993 Pub. 901, U.S. Tax Treaties
if your only income from U.S. sources is Taxes.— If you filed Form 8841, Deferral Pub. 910, Guide to Free Tax Services
wages, salaries, tips, taxable refunds of of Additional 1993 Taxes, with your 1993 (includes a list of all publications)
state and local income taxes, and return, your last installment is due on These free publications and the forms
scholarship or fellowship grants. Also, if either April 15, 1996, or June 17, 1996, and schedules you will need are available
married, you cannot claim an exemption depending on your filing requirement (see on request from the Internal Revenue
for your spouse. For more details, get When To File on page 2). See the Service. If you have a foreign address,
Form 1040NR-EZ and its instructions. instructions for line 63 on page 14. send your order to either: Eastern Area
Social Security Numbers (SSNs) for Social Security Benefits.— Eighty-five Distribution Center, P.O. Box 25866,
Dependents.— You must enter the SSN percent of your U.S. social security Richmond, VA 23286-8107, U.S.A.; or
of each dependent, except for a child born benefits are taxable unless exempted by Western Area Distribution Center, Rancho
in November or December 1995. If you a tax treaty. Cordova, CA 95743-0001, U.S.A.,
don't enter a correct SSN, your refund will whichever is closer.
Tax Law Changes.— For more details,
be delayed. If your dependent does not
get Pub. 553, Highlights of 1995 Tax
have an SSN, see the instructions for line
7c, column (2), on page 6.
Changes. Resident Alien or
Earned Income Credit.— If you were a Nonresident Alien
nonresident alien for any part of 1995, you Items To Note
If you are not a citizen of the United
cannot claim this credit unless you are Other Reporting Requirements.— If you States, specific rules apply to determine
married to a U.S. citizen or resident alien meet the closer connection to a foreign if you are a resident alien or a nonresident
and elect to be taxed as a resident alien country exception to the substantial alien. Generally, you are considered a
for all of 1995. For details on the election, presence test or exclude days of resident alien if you meet either the green
see page 2. presence in the United States for card test or the substantial presence
purposes of that test, you must file a test for 1995. If you do not meet either
statement containing certain information. of these tests for 1995 but you meet the
This rule does not apply to foreign substantial presence test for 1996, you
Cat. No. 11368V
may be able to choose to be treated as a 3. Closer connection to foreign Filing for an Estate or Trust.— If you
resident alien for part of 1995. But you country. Even though you would are filing Form 1040NR for a nonresident
must have been physically present in the otherwise meet the substantial presence alien estate or trust, change the form to
United States for at least 31 days in a row test, you are not treated as having met reflect the provisions of Subchapter J,
during 1995 to do so. This choice does that test for 1995 if you: Chapter 1, of the Internal Revenue Code.
not apply if you met either the green card a. were present in the United States for You may find it helpful to refer to Form
test or the substantial presence test for fewer than 183 days during 1995, 1041, U.S. Income Tax Return for Estates
1994. For more details, see Pub. 519. b. establish that during 1995 you had and Trusts, and its instructions.
You are considered a nonresident alien a tax home in a foreign country, and
for the year if you are not a U.S. resident c. establish that during 1995 you had When To File
under either of these tests. You are also a closer connection to one foreign country
considered a nonresident alien if you Individuals.— If you were an employee
in which you had a tax home than to the and received wages subject to
otherwise meet the substantial presence United States unless you had a closer
test but you come under any of the three withholding, file Form 1040NR by the 15th
connection to two foreign countries. day of the 4th month after your tax year
exceptions described below.
ends. A return for the 1995 calendar year
For more details on resident and
nonresident status, the tests for residence Who Must File is due by April 15, 1996.
and the exceptions to them, see Pub. 519. File Form 1040NR if any of the following If you did not receive wages as an
four conditions applies to you. employee subject to U.S. income tax
Green Card Test.— You are a resident withholding, file Form 1040NR by the 15th
for tax purposes if you were a lawful 1. You were a nonresident alien day of the 6th month after your tax year
permanent resident (immigrant) of the engaged, or considered to be engaged, in ends. A return for the 1995 calendar year
United States at any time during 1995. a trade or business in the United States is due by June 17, 1996.
Substantial Presence Test.— You are during 1995. You must file even if—
Estates and Trusts.— If you file for a
considered a U.S. resident if you meet the a. none of your income came from a nonresident alien estate or trust that has
substantial presence test for 1995. You trade or business conducted in the United an office in the United States, file the
meet this test if you were physically States, return by the 15th day of the 4th month
present in the United States for at least: b. you have no income from U.S. after the tax year ends. If you file for a
sources, or nonresident alien estate or trust that does
1. 31 days during 1995, and
c. your income is exempt from U.S. tax. not have an office in the United States, file
2. 183 days during the period 1995, the return by the 15th day of the 6th
1994, and 1993, counting all the days of In any of the above three cases, do not
complete the schedules for Form month after the tax year ends.
physical presence in 1995 but only 1/3 the
number of days of presence in 1994 and 1040NR. Instead, attach a list of the kinds Note: If the regular due date for filing falls
only 1/6 the number of days in 1993. of exclusions you claim and the amount on a Saturday, Sunday, or legal holiday,
of each. file by the next business day.
Generally, you are treated as present
in the United States on any day that you Note: If you were a nonresident alien Extension of Time To File.— If you
are physically present in the country at student, teacher, or trainee who was cannot file your return by the due date,
any time during the day. temporarily present in the United States you should file Form 4868, Application for
under an “F,” “J,” “M,” or “Q” visa, you are Automatic Extension of Time To File U.S.
Exceptions. The following are considered engaged in a trade or Individual Income Tax Return. You must
exceptions to the substantial presence business in the United States and you file Form 4868 by the regular due date of
test. must file Form 1040NR (or Form the return.
1. Exempt individual. You do not 1040NR-EZ). Note: Form 4868 does not extend the
count days for which you are an exempt 2. You were a nonresident alien not time to pay your income tax. The tax is
individual. In general, an exempt engaged in a trade or business in the due by the regular due date of the return.
individual is an individual who is a: United States during 1995 and not all U.S.
a. foreign government-related tax that you owe was withheld from your
individual,
Where To File
income.
b. teacher or trainee, 3. You represent a deceased person File Form 1040NR with the Internal
c. student, or who would have had to file Form 1040NR. Revenue Service Center, Philadelphia,
PA 19255, U.S.A.
d. professional athlete who is 4. You represent an estate or trust that
temporarily in the United States to would have had to file Form 1040NR.
compete in a charitable sports event. Exception for Children Under Age
Election To Be Taxed as a
Note: Alien individuals with “Q” visas are 14.— If your child was under age 14 on Resident Alien
treated as either students or teachers and January 1, 1996, had income only from You can elect to be taxed as a U.S.
trainees and, as such, are exempt interest and dividends that are effectively resident for the whole year if either of the
individuals for purposes of the substantial connected with a U.S. trade or business, following applies to you:
presence test if they otherwise qualify. and that income totaled less than $5,000, ● You were a nonresident alien on the
However, “Q” visa holders may only you may be able to elect to report your
exclude days of presence after last day of the tax year, and your spouse
child's income on your return. But you was a U.S. citizen or resident alien on the
September 30, 1994. “Q” visas are issued must use Form 8814, Parents' Election
to aliens participating in certain last day of the tax year.
To Report Child's Interest and Dividends,
● You were a nonresident alien at the
international cultural exchange programs. to do so. If you make this election, your
2. Medical condition. You do not child does not have to file a return. For beginning of the tax year, but you were a
count any day that you intended to leave more details, see Form 8814. resident alien on the last day of the tax
the United States but were unable to year and your spouse was a U.S. citizen
Filing a Deceased Person's Return.— or resident alien on the last day of the tax
leave because of a medical condition or The personal representative must file the
medical problem that arose while you year. This also applies if both you and
return for a deceased person who was your spouse were nonresident aliens at
were present in the United States. required to file a return for 1995. A the beginning of the tax year and both
Note: This exception does not apply to personal representative can be an were resident aliens at the end of the tax
pre-existing medical conditions or executor, administrator, or anyone who is year.
problems. For more details, see Pub. 519. in charge of the deceased person's
property.
%
55 and under 300 obligations became fixed.
56–60 260 Simplified General Rule. This method
61–65 240 3. will usually give you the same amount or
66–70 170 more of the pension or annuity tax free
each year as the General Rule or as
71 and older 120
figured by the IRS. You can use this
4. Divide line 2 by line 3 4. simpler method if all four of the following
apply.
5. Multiply line 4 by the number of months for which this 1. Your annuity starting date was after
year’s payments were made. If your annuity starting July 1, 1986.
date was before 1987, skip lines 6 and 7 and enter
this amount on line 8. Otherwise, go to line 6 5. 2. The payments are for (a) your life or
(b) your life and that of your beneficiary.
6. Enter the amount, if any, recovered tax free in years 3. The payments are from a qualified
after 1986 6. employee plan, a qualified employee
annuity, or a tax-sheltered annuity.
7. Subtract line 6 from line 2 7.
4. At the time the pension or annuity
8. Enter the smaller of line 5 or line 7 8. payments began, either you were under
age 75 or the number of years of
9. Taxable amount. Subtract line 8 from line 1. Enter the result, but not guaranteed payments was fewer than 5.
less than zero. Also, enter this amount on Form 1040NR, line 17b. If
If all four of the above apply, use the
your Form 1099-R shows a larger amount, use the amount on this line
worksheet on this page to figure the
instead of the amount from Form 1099-R 9.
taxable part of your pension or annuity. If
Note: If you had more than one partially taxable pension or annuity, figure the taxable part you are a beneficiary entitled to a death
of each separately. Enter the total of the taxable parts on Form 1040NR, line 17b. Enter benefit exclusion, add the exclusion to the
the total pension or annuity payments received in 1995 on Form 1040NR, line 17a. amount you enter on line 2 of the
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
At But Single Qualifying Married At But Single Qualifying Married At But Single Qualifying Married
least less widow(er) filing least less widow(er) filing least less widow(er) filing
than separately than separately than separately
96,000 98,000
96,000 96,050 25,036 21,870 27,030 98,000 98,050 25,656 22,490 27,750
96,050 96,100 25,051 21,886 27,048 98,050 98,100 25,671 22,506 27,768
96,100 96,150 25,067 21,901 27,066 98,100 98,150 25,687 22,521 27,786
96,150 96,200 25,082 21,917 27,084 98,150 98,200 25,702 22,537 27,804
96,200 96,250 25,098 21,932 27,102 98,200 98,250 25,718 22,552 27,822
96,250 96,300 25,113 21,948 27,120 98,250 98,300 25,733 22,568 27,840
96,300 96,350 25,129 21,963 27,138 98,300 98,350 25,749 22,583 27,858 $100,000
96,350 96,400 25,144 21,979 27,156 98,350 98,400 25,764 22,599 27,876 or over —
96,400 96,450 25,160 21,994 27,174 98,400 98,450 25,780 22,614 27,894 use Tax
96,450 96,500 25,175 22,010 27,192 98,450 98,500 25,795 22,630 27,912 Rate
96,500 96,550 25,191 22,025 27,210 98,500 98,550 25,811 22,645 27,930
96,550 96,600 25,206 22,041 27,228 98,550 98,600 25,826 22,661 27,948 Schedules
96,600 96,650 25,222 22,056 27,246 98,600 98,650 25,842 22,676 27,966 on page 31
96,650 96,700 25,237 22,072 27,264 98,650 98,700 25,857 22,692 27,984
96,700 96,750 25,253 22,087 27,282 98,700 98,750 25,873 22,707 28,002
96,750 96,800 25,268 22,103 27,300 98,750 98,800 25,888 22,723 28,020
96,800 96,850 25,284 22,118 27,318 98,800 98,850 25,904 22,738 28,038
96,850 96,900 25,299 22,134 27,336 98,850 98,900 25,919 22,754 28,056
96,900 96,950 25,315 22,149 27,354 98,900 98,950 25,935 22,769 28,074
96,950 97,000 25,330 22,165 27,372 98,950 99,000 25,950 22,785 28,092
Schedule W Schedule X
Estates or Trusts Single Taxpayers
Use this schedule for a nonresident alien estate or Use this schedule if you checked Filing Status Box 1
trust— or 2 on Form 1040NR—
If the amount Enter on If the amount Enter on
on Form Form 1040NR, on Form Form 1040NR,
1040NR, line line 37 1040NR, line line 37
of the of the
36, is: 36, is:
But not amount But not amount
Over— over— over— Over— over— over—
Schedule Y Schedule Z
Married Filing Separate Returns Qualifying Widows and Widowers
Use this schedule if you checked Filing Status Box 3, Use this schedule if you checked Filing Status Box 6
4, or 5 on Form 1040NR— on Form 1040NR—
If the amount Enter on If the amount Enter on
on Form Form 1040NR, on Form Form 1040NR,
1040NR, line line 37 1040NR, line line 37
of the of the
36, is: 36, is:
But not amount But not amount
Over— over— over— Over— over— over—